Proving Your Case in the Court of LawThe vast majority of falling merchandise cases fall under the personal injury legal doctrine of negligence. There are several elements which need to be proven in a negligence personal injury cause of action. 1. The defendant owed a duty to the plaintiff – Store owners and operators including property owners owe the highest duty of care to individuals who are on their property for a commercial purpose i.e. shoppers. 2. The defendant breached the duty owed to the injured party – The store failed to properly secure the merchandize on its shelves or improperly placed the merchandise thus substantially increasing the risk of falling goods. 4. The breach of the duty was the cause of the accident. 5. The accident resulted in injury to the plaintiff.
Learn more about your legal options by chatting with a representative now.Compensation Owed – Victims Rights to File a Lawsuit
- Victims of injuries due to the negligent or intentional conduct of others are entitled to full and just compensation including
- Recovery for all medical expenses and rehabilitation care
- Lost wages and loss of future income
- Pain and suffering including emotional distress and PTSD